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2009 Supreme(Del) 1380

VEENA BIRBAL, BADAR DURREZ AHMED
Cochin International Airport Limited – Appellant
Versus
Presiding Officer, DRT and Others – Respondent


Advocates Appeared:
G.Prakash, Usha Mahant, Abhishek Aggarwal, Atul Sharma, Rajiv Nayyar, Rajesh, Showmik Ghoshal, Anand Sukumar, S.Sukumara, I.S.Bakshi, T.R.Andhyarujina

Badar Durrez Ahmed, J.:-

1. The question that arises for consideration in this writ petition is:-

“Whether “debt”, as defined in Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the said Act'), would include a claim to share certificates ?

This question arises in the context of the maintainability of an application under Section 19 of the said Act before the Debts Recovery Tribunal (herein after referred to as 'DRT'), wherein the main relief sought by the respondent is the delivery/issuance of share certificates in respect of 5,20,00,000 shares at the face value of Rs 10 each and the benefits accrued on the shares. Briefly stated, the case of the petitioner is that such an application would not be maintainable under the said Act before the said tribunal for the simple reason that the relief of delivery/issuance of share certificates does not amount to recovery of any debt. The expression “debt” as defined in Section 2(g) of the said Act only refers to a liability inclusive of interest which is claimed as due from any person by a bank or a financial institution etc., during the course of any business activity undertake


































































































































































































































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